No person shall engage in any transient retail business within
the Borough without first having obtained from the Mayor a license,
for which a fee, which shall be for the use of the Borough, shall
be charged, established pursuant to a resolution of the Borough Council.
No license fee shall be charged:
A. To farmers selling their own produce.
B. For the sale of goods, wares, and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C. To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D. To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products, and the like,
or who represent the Boy Scouts or Girl Scouts or similar organizations.
E. To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61, hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania, and who procures from the
Prothonotary a certificate in pursuance of the Act of 1867.
F. To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
G. To any person who has complied with the provisions of the Charitable
Organization Reform Act, 10 P.S. § 161.1 et seq., as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
H. For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business. But all persons exempted hereby from the payment of the license fee shall be required to register with the Mayor and obtain a license without fee. Provided, any person dealing in one or more of the above mentioned exempted categories, and dealing with other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this §
472-3 for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories. Provided further, the Mayor may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided further, every license issued under the provisions of this chapter shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.
Every person desiring a license under this chapter shall first
make application to the Mayor for such license. He shall, when making
such application, exhibit a valid license from any state or county
officer, if such license is also required. The applicant shall state:
A. His criminal record, if any.
B. Name and address of the person by whom he is employed.
C. Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D. Length of time for which license is to be issued.
E. Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Mayor, if he shall find such application in order, shall issue the
license required under this chapter. Such license shall contain the
information required to be given on the application therefor. Every
license holder shall carry such license upon his person if engaged
in transient retail business from house to house or upon any of the
streets, alleys, sidewalks, or public grounds, or shall display such
license at the location where he shall engage in such business if
doing so at a fixed location. He shall exhibit such license, upon
request, to all police officers, municipal officials, and citizens
or residents of the Borough.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Borough.
C. Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging, or cleaning any of his goods,
wares, or merchandise or of disposing of any carton, wrapping material,
or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
D. Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 9:00 a.m.
or after 8:00 p.m. on any day of the week other than a Sunday or legal
holiday.
The Mayor shall supervise the activities of all persons holding
licenses under this chapter. He shall keep a record of all licenses
issued hereunder and shall make a report thereof each month to the
Borough Council.
The Mayor is hereby authorized to deny, suspend or revoke any
license issued under this chapter for giving false information upon
any application for a license hereunder. Appeals from any suspension,
revocation or denial of a license may be made to the Borough Council
at any time within 10 days after such suspension, revocation or denial
and a hearing shall be held within 30 days of the petition for appeal.
No part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine not more than $600 plus costs and, in default of payment, to
imprisonment for not more than 30 days. Each day that a violation
of this chapter continues shall constitute a separate offense.